Queensland Judgments
R v LM
[2004] QCA 192 (03/0246) Brisb McMurdo P McPherson JA Holmes J 4/06/2004
Additional documents
Catchwords
EVIDENCE – ADMISSIBILITY AND RELEVANCY – OPINION EVIDENCE – EXPERT OPINION – IN GENERAL – where appellant convicted of torture of one of her children and unlawful wounding of two of her children through the acts of medical professionals – where prosecution alleged appellant had condition known as Munchausen's Syndrome by Proxy or factitious disorder by proxy – whether general evidence given by psychiatrist as to Munchausen's Syndrome by proxy admissible – whether evidence as to Munchausen's Syndrome by proxy was part of an organised or recognised reliable body of knowledge or experience – whether prejudicial effect of evidence outweighed probative value
EVIDENCE – ADMISSIBILITY AND RELEVANCY – OPINION EVIDENCE – EXPERT OPINION – IN GENERAL – where prosecution alleged appellant harmed children by presenting them for unnecessary medical treatment – whether evidence of doctors who treated children that in their opinion this was a case of "Munchausen's Syndrome by proxy" was admissible
CRIMINAL LAW – EVIDENCE – RELEVANCE – PARTICULAR CASES – where appellant filmed by surveillance camera – whether witnesses could describe own observations of what was recorded on the surveillance video
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – GENERALLY – where appellant convicted on count of torture of child – where charged with respect to 21 month period, relying on three different particulars – whether jury had to be unanimous in their verdict with respect to at least one particularised act on one particularised occasion – whether learned trial judge's redirection to jury was flawed in that it directed that they may be satisfied of the appellant's guilt because of a combination of particularised acts
